Defendant in trip & fall says plaintiff failed to heed warning sign

John Suayan Sep. 22, 2015, 9:20am


A Galveston hearing aid business implicated in a woman’s personal injury lawsuit recently contested the allegations against it.

Galveston County District Court records note that Galco Hearing Aid Services entered an original answer into the suit by Karen Hancock on Sept 9.

Hancock sued Galco and Don Mafrige in Galveston County 56th District Court last month after she purportedly sustained injuries to her arm and knee on Aug. 22, 2013, while making her way to Galco’s property.

The suit says the plaintiff “tripped on a defective and dangerous entry way,” accusing the respondents of failing to ensure her safety. According to the complaint, Galco employees dragged Hancock up by her arms as she lay crying.

In its rebuttal, Galco asserts Hancock failed to heed a warning sign and bright orange markings indicating that visitors should watch their step and step up when entering its establishment.

Galco also insists that the plaintiff did not complain about her arm prior to the incident in question. Galco’s owner would have remembered Hancock breaking her arm, the response says.

Lastly, the business argues that it provided Hancock emergency medical care following her fall.

Attorneys Andrew Mytelka and Joseph Z. Cavanah of the law firm Greer, Herz & Adams, LLP in Galveston represent it.

Galveston County 56th District Court Case No. 15-CV-834

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